Joymalya Bagchi, J. - (1.) The appeals are directed against the judgment and order dated 27.07.2015, 28.07.2015 & 29.07.2015 passed by the learned Additional Sessions Judge, 18th Court, Alipore in Sessions Case No.28(05)/2009 and Sessions Trial No.06(2)/2010 convicting the appellants for commission of offence punishable under Sections 302/149 of the Indian Penal Code and sentencing them to suffer R.I. for ten years each and to pay a fine of Rs.25,000/-each in default to suffer R.I. for six months more for the offence punishable under Section 304(i)/34 of IPC.
(2.) Prosecution case, as alleged against the appellants, is to the effect that between 22/23/01/2000 around 3 A.M. Gautam Panja (P.W.1) brother of the deceased Gourav Panja received information that his brother was lying near the house of Paritosh Mondal beside Diamond Harbour Road. He along with his father (P.W. 2) rushed to the spot and found his elder brother, Gourav sitting naked and blood was oozing out from his scrotum. They shifted the injured to Aamtala Rural Hospital, who was thereafter referred to M.R. Bangur Hospital and finally admitted at National Medical College and Hospital for better treatment. In spite of best efforts, on 28.01.2000 the victim died in the hospital. It is further alleged that the victim disclosed that on 22.01.200 at 12 midnight the appellants had accosted him at Diamond Harbour Road and assaulted him resulting in bleeding injuries. As a result, he expired. In the course of investigation, the appellants were arrested and charge sheet was filed against them.
(3.) Charges were framed under Sections 302/149 of IPC against the appellants and one Rakesh Shaw. They pleaded not guilty and claimed to be tried.;